Notice2021-18282
Common Alloy Aluminum Sheet From the People's Republic of China; Antidumping and Countervailing Duty Orders: Notice of Covered Merchandise Referral
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 25, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Pursuant to the Enforce and Protect Act of 2015 (EAPA), the Department of Commerce (Commerce) received a covered merchandise referral from U.S. Customs and Border Protection (CBP) in connection with a CBP EAPA investigation concerning the antidumping and countervailing duty (AD/CVD) orders on common alloy aluminum sheet from the People's Republic of China. In accordance with the EAPA, Commerce intends to determine whether the merchandise subject to the referral is covered by the scope of the orders and promptly to transmit its determination to CBP. Commerce is providing notice of the referral and inviting participation from interested parties.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 162 (Wednesday, August 25, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 162 (Wednesday, August 25, 2021)]
[Notices]
[Pages 47472-47474]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18282]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-073/C-570-074]
Common Alloy Aluminum Sheet From the People's Republic of China;
Antidumping and Countervailing Duty Orders: Notice of Covered
Merchandise Referral
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Pursuant to the Enforce and Protect Act of 2015 (EAPA), the
Department of Commerce (Commerce) received a covered merchandise
referral from U.S. Customs and Border Protection (CBP) in connection
with a CBP EAPA investigation concerning the antidumping and
countervailing duty (AD/CVD) orders on common alloy aluminum sheet from
the People's Republic of China. In accordance with the EAPA, Commerce
intends to determine whether the merchandise subject to the referral is
covered by the
[[Page 47473]]
scope of the orders and promptly to transmit its determination to CBP.
Commerce is providing notice of the referral and inviting participation
from interested parties.
DATES: Applicable August 25, 2021.
FOR FURTHER INFORMATION CONTACT: Preston Cox or Yang Jin Chun, AD/CVD
Operations Office VI, Enforcement & Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5041 or (202) 482-5760,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 24, 2016, the Trade Facilitation and Trade Enforcement
Act of 2015 was signed into law, which contains Title IV--Prevention of
Evasion of Antidumping and Countervailing Duty Orders (short title
``Enforce and Protect Act of 2015'' or ``EAPA'') (Pub. L. 114-125, 130
Stat. 122, 155, Feb. 24, 2016). Effective August 22, 2016, section 421
of the EAPA added section 517 to the Tariff Act of 1930, as amended
(the Act), which establishes a formal process for CBP to investigate
allegations of the evasion of AD/CVD orders. Section 517(b)(4)(A) of
the Act provides a procedure by which if, during the course of an EAPA
investigation, CBP is unable to determine whether the merchandise at
issue is covered merchandise within the meaning of section 517(a)(3) of
the Act, it shall refer the matter to Commerce to make such a
determination. Section 517(a)(3) of the Act defines covered merchandise
as merchandise that is subject to an antidumping duty order issued
under section 736 of the Act or a countervailing duty order issued
under section 706 of the Act. Section 517(b)(4)(B) of the Act states
that Commerce, after receiving a covered merchandise referral from CBP,
shall determine whether the merchandise is covered merchandise and
promptly transmit its determination to CBP. The Act does not establish
a deadline within which Commerce must issue its determination.
On May 13, 2021, Commerce received a covered merchandise referral
from CBP regarding CBP EAPA Investigation No. 7469 \1\ which concerns
the AD and CVD orders on common alloy aluminum sheet from the People's
Republic of China (China).\2\ CBP explained that Texarkana Aluminum,
Inc. (TKA) alleged that AA Metals, Inc. (AA Metals) imported Chinese-
origin aluminum sheet into the United States that was transshipped
through Turkey after minor processing, and falsely declared it as
Turkish-origin.\3\ CBP stated that TKA alleged that AA Metals imported
Chinese aluminum sheet that was re-rolled to a thinner thickness in
Turkey by Turkish producers PMS Metal Profil Al[uuml]minyum San. ve
Tic. A.[Scedil]. (PMS) and Teknik Al[uuml]minyum Sanayi A.[Scedil].
(Teknik).\4\ CBP's Office of Trade initiated an EAPA investigation on
June 30, 2020, based on the evidence in the allegation submitted by TKA
that reasonably suggested that AA Metals entered aluminum sheet into
the customs territory of the United States by means of evasion.
---------------------------------------------------------------------------
\1\ See Letter from CBP, ``Re: Covered Merchandise Referral
Request for EAPA Investigation 7469, Imported by AA Metals, Inc.:
Antidumping and Countervailing Duty Orders on Common Alloy Aluminum
Sheet from the People's Republic of China,'' dated May 13, 2021
(CBP's EAPA 7469 Letter). Commerce intends to make available this
document and any supporting documents on Enforcement and
Compliance's Antidumping Duty and Countervailing Duty Centralized
Electronic Service System (ACCESS) within five days of publication
of this notice.
\2\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Antidumping Duty Order, 84 FR 2813 (February 8, 2019);
Common Alloy Aluminum Sheet from the People's Republic of China:
Countervailing Duty Order, 84 FR 2157 (February 6, 2019)
(collectively, the Orders).
\3\ See CBP's EAPA 7469 Letter at 1-2.
\4\ Id. at 2.
---------------------------------------------------------------------------
CBP informed Commerce that CBP is unable to determine whether the
merchandise at issue is covered merchandise due to the third country
processing in two scenarios: (1) Chinese-origin aluminum sheet of a
thickness a little greater than covered by the scope re-rolled in
Turkey to a thickness covered by the scope; and (2) Chinese-origin
aluminum sheet of a thickness covered by the scope re-rolled in Turkey
to a thickness covered by the scope. CBP further informed Commerce that
AA Metals argues that the Chinese-origin aluminum sheet further
processed in Turkey is not subject to the Orders.\5\
---------------------------------------------------------------------------
\5\ Id. at 2-3.
---------------------------------------------------------------------------
Notification to Interested Parties
Commerce is hereby notifying interested parties that it has
received the covered merchandise referral referenced above, it will
begin new segments of the proceedings, and intends to issue a
determination regarding whether the merchandise subject to the referral
is covered merchandise within the meaning of section 517(a)(3) of the
Act. Additionally, Commerce intends to provide interested parties with
the opportunity to participate in these segments of the proceedings,
including through the submission of comments, and, if appropriate, new
factual information and verification. Specifically, Commerce will
notify parties on the segment-specific service lists for these segments
of the proceedings of a schedule for comments. In addition, Commerce
may request factual information from any person to assist in making its
determination and may verify submissions of factual information, if
Commerce determines that such verification is appropriate. Commerce
intends to issue a final determination within 120 days of the
publication of this notice (this deadline may be extended if it is not
practicable to complete the final determination within 120 days) and
will promptly transmit its final determination to CBP in accordance
with section 517(b)(4)(B) of the Act.
Commerce may consider conducting a separate anti-circumvention
inquiry regarding the merchandise described in CBP's covered
merchandise referral, if parties submit the necessary information
addressing the criteria for an anti-circumvention inquiry, in
accordance with section 781 of the Act. Interested parties are
requested to file such comments and information onto the record of this
proceeding within 30 days of the publication of this notice in the
Federal Register.
Parties are also hereby notified that this may be the only notice
that Commerce intends to publish in the Federal Register concerning
this covered merchandise referral. Interested parties that wish to
participate in these segments of the proceedings, and receive notice of
the final determination, must submit their letters of appearance as
discussed below. Further, any party desiring access to business
proprietary information in these segments of the proceedings must file
an application for access to business proprietary information under
administrative protective order (APO), as discussed below.
Finally, we note that covered merchandise referrals constitute a
new type of segment of a proceeding at Commerce, and therefore Commerce
intends to develop its practice and procedures in this area as it gains
more experience.
Scope of the Orders
The merchandise covered by these orders is aluminum common alloy
sheet (common alloy sheet), which is a flat-rolled aluminum product
having a thickness of 6.3 mm or less, but greater than 0.2 mm, in coils
or cut-to-length, regardless of width. Common alloy
[[Page 47474]]
sheet within the scope of the orders includes both not clad aluminum
sheet, as well as multi-alloy, clad aluminum sheet. With respect to not
clad aluminum sheet, common alloy sheet is manufactured from a 1XXX-,
3XXX-, or 5XXX-series alloy as designated by the Aluminum Association.
With respect to multi-alloy, clad aluminum sheet, common alloy sheet is
produced from a 3XXX-series core, to which cladding layers are applied
to either one or both sides of the core.
Common alloy sheet may be made to ASTM specification B209-14, but
can also be made to other specifications. Regardless of specification,
however, all common alloy sheet meeting the scope description is
included in the scope. Subject merchandise includes common alloy sheet
that has been further processed in a third country, including but not
limited to annealing, tempering, painting, varnishing, trimming,
cutting, punching, and/or slitting, or any other processing that would
not otherwise remove the merchandise from the scope of the orders if
performed in the country of manufacture of the common alloy sheet.
Excluded from the scope of the orders is aluminum can stock, which
is suitable for use in the manufacture of aluminum beverage cans, lids
of such cans, or tabs used to open such cans. Aluminum can stock is
produced to gauges that range from 0.200 mm to 0.292 mm, and has an H-
19, H-41, H-48, or H-391 temper. In addition, aluminum can stock has a
lubricant applied to the flat surfaces of the can stock to facilitate
its manufacture of beverage cans. Aluminum can stock is properly
classified under Harmonized Tariff Schedule of the United States
(HTSUS) subheadings 7606.12.3045 and 7606.12.3055.
Where the nominal and actual measurements vary, a product is within
the scope if application of either the nominal or actual measurement
would place it within the scope based on the definitions set for the
above.
Common alloy sheet is currently classifiable under HTSUS
subheadings 7606.11.3060, 7606.11.6000, 7606.12.3090, 7606.12.6000,
7606.91.3090, 7606.91.3095, 7606.91.6080, 7606.91.6095, 7606.92.3090,
7606.92.3035, 7606.92.6080, and 7606.92.6095. Further, merchandise that
falls within the scope of the orders may also be entered into the
United States under HTSUS subheadings 7606.11.3030, 7606.12.3015,
7606.12.3025, 7606.12.3030, 7606.12.3035, 7606.91.3055, 7606.91.3060,
7606.91.6040, 7606.91.6055, 7606.92.3025, 7606.92.3060, 7606.92.6040,
7606.92.6055, and 7607.11.9090. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written description
of the scope of the orders is dispositive.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance (E&C)'s Antidumping Duty and Countervailing
Duty Centralized Electronic Service System (ACCESS), unless an
exception applies.\6\ An electronically filed document must be received
successfully in its entirety by the applicable deadline. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information.\7\ Each
submission must be placed on the record of the segment of the
proceeding for each order, i.e., for the AD order (A-570-073) and the
CVD order (C-570-074).
---------------------------------------------------------------------------
\6\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011), as amended in Enforcement
and Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a
handbook can be found at <a href="https://access.trade.gov/help/Handbook%20on%20Electronic%20Filing%20Procedures.pdf">https://access.trade.gov/help/Handbook%20on%20Electronic%20Filing%20Procedures.pdf</a>.
\7\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19, 85 FR 17006 (March 26, 2020); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
---------------------------------------------------------------------------
Letters of Appearance and Administrative Protective Order
Interested parties that wish to participate in these segments of
the proceedings and to be added to the public service lists for these
segments of the proceedings must file a letter of appearance in
accordance with 19 CFR 351.103(d)(1), with one exception: The parties
to EAPA investigation 7469 publicly identified by CBP in the covered
merchandise referral referenced above (TKA and AA Metals) \8\ are not
required to submit a letter of appearance, and will be added to the
public service list for these segments of the proceedings by Commerce.
---------------------------------------------------------------------------
\8\ See CBP's EAPA 7496 Letter at 5.
---------------------------------------------------------------------------
Commerce placed an APO on the record on August 18, 2021,\9\ and
established the APO service lists for use in these segments. Commerce
intends to place the covered merchandise referral letter on the records
of these segments in ACCESS within five days of publication of this
notice.
---------------------------------------------------------------------------
\9\ See Memorandum, ``Request for Establishment of
Administrative Protective Order: Antidumping and Countervailing Duty
Orders on Common Alloy Aluminum Sheet from the People's Republic of
China: (A-570-073/C-570-074),'' dated August 18, 2021.
---------------------------------------------------------------------------
Interested parties must submit applications for disclosure under
the APO in accordance with the procedures outlined in Commerce's
regulations at 19 CFR 351.305. Those procedures apply to these segments
of the proceedings, with one exception: APO applicants representing the
parties that have been identified by CBP as an importer in the covered
merchandise referral (referenced above) are exempt from the additional
filing requirements for importers pursuant to 19 CFR 351.305(d).
Dated: August 18, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2021-18282 Filed 8-24-21; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on August 25, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.